Gilmore case...Who can make laws?

[J.A. Terranson]

On Tue, 7 Sep 2004, Eric Cordian wrote:

> An argument that the TSA cannot make rules, even secret rules, regulating
> air travel, because it is not Congress, will not pass the giggle test in
> court, unless you can show that the TSA exceeded its regulatory powers.

Absolutely correct.

I am however intrigued that they may be preparing to posit that secret
rules (which act under color of law) can be enforced without being
described publicly.  This, if accepted, would effectively end all
constitutional protections.

-- 
Yours,

J.A. Terranson
sysadmin at mfn.org
0xBD4A95BF

  "...justice is a duty towards those whom you love and those whom you do
  not.  And people's rights will not be harmed if the opponent speaks out
  about them."      Osama Bin Laden
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  "There aught to be limits to freedom!"    George Bush
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Which one scares you more?